Allahabad High Court

NA528/1775/2025 of MANI RAM AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER on 15 November 2025

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JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1775 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard Sri Suresh Kumar Yadav, learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record. 2. The instant

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

APPLICATION U/S 528 BNSS No. - 1775 of 2025

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

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1. Heard Sri Suresh Kumar Yadav, learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record.

2. The instant application has been filed seeking following main relief(s):- "A. To, quash the entire criminal proceedings as well as the impugned Summoning order dated 23.09.2025 (Annexure No.1) passed by the learned Additional Chief Judicial Magistrate, Court No. 48, Barabanki in Criminal Complaint Case No. 998 of 2024 (Sundar Lal vs. Mohini Devi & others) under section 420, 323, 504, 506 of IPC relating to Police Station

- Fatehpur, District-Barabanki. B. To, quash the impugned Revisional order dated 28.07.2025 (Annexure No.2) passed by Additional Session (F.T.C), Court No. 36, Barabanki in Criminal Revision No. 01 of 2025 (Sundar Lal vs. Mohini Devi & others) relating to Criminal Complaint Case No. 998 of 2024 (Earlier Complaint Case no. 998/2024) (Sundar Lal vs. Mohini Devi & others) under section 420, 323, 504, 506 of IPC relating to Police Station - Fatehpur, District - Barabanki."

3. On being confronted after taking note of the fact(s) as indicated in the complaint, as per which the property of Sunder Lal s/o Dhode has been gifted by the grand daughter namely Mohini Devi of the complainant to her husband and the gift deed, of which the applicants are the witness, prima facie indicates that it is the case of impersonation, learned counsel for the applicants says that he may be permitted to withdraw the instant application with liberty to the applicants to seek the benefit of the pronouncements of the Hon'ble Apex Court rendered in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Versus Counsel for Applicant(s) : Suresh Kumar Yadav, Poonam Counsel for Opposite Party(s) : G.A. Mani Ram And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Uttar Pradesh and Another, 2025 SCC OnLine SC 116.

4. Taking note of the aforesaid, the instant application is dismissed as withdrawn with liberty, as prayed for.

5. It is made clear that the trial court would not be influenced by any of the observations made in this order. November 15, 2025 Arun/- NA528 No. 1775 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

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